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Why You Should Hire an Attorney to File a Vaccine Injury Claim
While anyone can file this type of claim, very few do. Nor should they. While the process was originally intended to be straightforward and non-adversarial, it is anything but that. It is specialized, complicated litigation where the attorneys representing the “other side” are almost always opposing compensation.
How a Vaccine Injury Claim Works
A claim is made by filing a petition with the U.S. Court of Federal Claims, located in Washington, D.C. It is in every way a lawsuit against the vast resources of the federal government. Specifically, the defendant, or “respondent” in the lawsuit is the Department of Health and Human Services, which makes the initial decision whether to allow your claim, and most often initially denies the claim.
This requires you to then prove your claim with evidence which is extremely complex and technical, involving medical, scientific, and biological expertise.
It is simply not enough to show that you received a vaccination, followed by an adverse reaction, and that there is no other explanation for your condition. Claims filed on that basis most often lose.
An Attorney Is Essential During Litigation
In the litigation, where you are trying to prove the vaccine caused your injury, illness, or condition, the lawyers for the respondent are employees of the federal government's Department of Justice.
Those lawyers specialize in contesting Vaccine Injury claims, and have available to them experts who will dispute the existence of a link between the vaccine and your injury. Even when they do agree to allow the claim, they will often contest the amount of compensation.
Vaccine Injury Claims Require Specialized Attorneys
Most lawyers who handle personal injury litigation on a contingency fee—like car accidents, slip and falls, and workplace injuries—are not involved in these claims. Some may not even know of the existence of the Program, and are usually not admitted to the Court of Federal Claims.
Our attorneys understand these claims are specialized and difficult litigation, requiring knowledge and experience unique to representing persons suffering from adverse reactions to a vaccine. We understand the process involved in obtaining the amount of compensation awarded when a claim is allowed.
An Attorney Does the Leg Work for You
We are willing to pre-pay the costs required to gather your medical records and related information. Our attorneys have contacts with medical experts who are willing to support claims if they meet the requirements for compensation, and are able to advance the expenses necessary to hire those professionals.
We provide all of these services, including initial consultation and evaluation of your claim, at no charge.
Costs Are Paid by The Vaccine Injury Program
A unique feature of the Program is that your lawyer, and all of the expenses of the case, are paid from the Program, and not from the amount you may recover if you are entitled to an award.
Unlike a personal injury case, you do not pay your lawyer a percentage fee from the amount you recover. Therefore, whether or not you choose us, there is no reason to not be represented by a lawyer in a vaccine injury claim.